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45 Ind. L. Rev. [i] (2011-2012)

handle is hein.journals/indilr45 and id is 1 raw text is: Indiana Law Review Volume 45 2011 Number 1 Copyright © 2011 by the Trustees of Indiana University TABLE OF CONTENTS SYMPOSIUM Introduction: What if' Counterfactuals in Constitutional History ................... Gerard N. Magliocca 1 The Counterfactual That Came to Pass: What if the Founders Had Not Constitutionalized the Privilege of the Writ of Habeas Corpus? ................ Amanda L. Tyler 3 What if Kelo v. City of New London Had Gone the Other W ay? ............................... Ilya Somin 21 What if Madison Had Won? Imagining a Constitutional World of Legislative Supremacy ..................... Alison L. LaCroix 41 What if Slaughter-House Had Been Decided Differently? .................... Kermit Roosevelt III 61 What if Daniel Ellsberg Hadn't Bothered? ............... Heidi Kitrosser 89 What if Chief Justice Fred Vinson Had Not Died of a Heart Attack in 1953?: Implications for Brown and Beyond .................... Carlton F. W Larson 131 NOTES The Federal Estate Tax and the National Debt: Why the Debt Forces a Defense of the Tax .............. Matthew B. Gaudin 159 United States v. Alvarez: What Restrictions Does the First Amendment Impose on Lawmakers Who Wish to Regulate False Factual Speech? ..... Jared Paul Hailer 191 Lessons from Avent: Judicial Estoppel and Duty to Defend in No-Injury Product Liability Litigation ..... Lara Langeneckert 217 Park51 as a Case Study: Testing the Religious Land Use and Institutionalized Persons Act ................ Alex R. Whitted 249 Volume 45 Number I

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